Motion for Case Management in SAFFER, BETH V KIIMAS, SANDRA| Trellis.Law

On November 14, 2023 a Motion-Secondary was filed involving a dispute between Arthur Robbins, Beth Saffer, Lisa Defabritiis, and Anthony Digennaro, Becker Ballot, Becker Ballot, Aka Beckerballton.Com, An Entity Form Unknown, Beckerballot.Com, Becker & Poliakoff, P.A., A Florida Professional Corporation, Charles Cohn, Janice Smith, Number 2 Condominium Association - Palm Greens At Villa Del Ray, Inc., A Florida Not For Profit Corporation, Robert Klimas, Robert Stern, Robert Thom, Rochelle Cohen, Sandra Kiimas, Susan Herman, Thomas Aldridge, for CONDOMINIUM in the District Court of Palm Beach County.

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Filing # 191339997 E-Filed 02/06/2024 11:37:49 AM

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

BETH SAFFER and ARTHUR ROBINS,
individually and on behalf of others similarly
situated,

Plaintiffs, Case No.: 50-2023-CA-015733
v.

SANDRA KLIMAS, ROBERT THOM, aka
ROB THOM, ANTHONY DiGENNARO,
ROBERT STERN aka BOB STERN,
THOMAS ALDRIDGE, ROCHELLE
COHEN, YAHUDA ISRAEL, aka JANICE
SMITH aka TIRTZHAH ISRAEL,
CHARLES COHN, NUMBER 2
CONDOMINIUM ASSOCIATION - PALM
GREENS AT VILLA DEL RAY, INC.,
BECKER BALLOT, aka
BECKERBALLOT.COM, and BECKER &
POLIAKOFF, P.A.,

Defendants.
/

DEFENDANTS’ SUPPLEMENTAL BRIEF IN SUPPORT OF THEIR MOTION FOR
CASE MANAGEMENT CONFERENCE AND ENTRY OF DISCOVERY PLAN

Defendants, SANDRA KLIMAS, ROBERT THOM, ANTHONY DiGENNARO, and

ROBERT STERN (hereinafter “Defendants”), by and through their undersigned counsel, and

pursuant to Fla. R. Civ. P. 1.310 and this Court’s inherent authority to manage its affairs, hereby

files this Supplemental Brief in Support of Their Motion for Case Management Conference to

Discuss the Entry of a Discovery Plan. In support thereof, Defendants state as follows:

1. Despite pleadings being open, and it being Defendants’ position that Plaintiffs

currently operative pleading fails to allege a cognizable cause of action that would warrant judicial

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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 02/06/2024 11:37:49 AM
relief, the Parties have agreed that discovery could proceed upon the issue of alleged malfeasance1.

See January 3, 2024, Order attached hereto as Exhibit “A.”

2. Plaintiffs have thus far deposed four (4) persons in an effort to try and uncover

alleged malfeasance committed by Defendants, namely: (1) Marge Fattori; (2) Majorie Kurinsky;

(3) Susan Herman; and (4) Mark Sokol.

3. Marge Fattori’s deposition revealed that she has held no position of leadership in

the Palm Greens Community and had no knowledge concerning any of the merits of this case. It

quickly became clear at Ms. Fattori’s deposition that she was being deposed because she was

running against Plaintiff Arthur Robins for a position on the Palm Greens at Villa Del Ray

Recreation Condominium Association, Inc. (the “Rec Association”) Board of Directors. Indeed,

the entirety of the questions directed towards her by Plaintiffs’ attorney, Elad Bowin, concerned

her resume/position statement in support of her candidacy, which challenged the way Mr. Robin’s

led the Rec Association as its President. See Fattori Dep. Tr. attached hereto as Exhibit “B.”

4. Following Ms. Fattori’s deposition testimony, Plaintiff Arthur Robins utilized his

position as the Palm Greens at Villa Del Ray Recreation Condominium Association, Inc. President

to publicly attack Ms. Fattori, and even threatened her with a lawsuit. See e-mail correspondence

attached hereto as Exhibit “C.”

5. Plaintiffs next deposed Majorie Kurinsky. Ms. Kurinsky was previously on the

Board of Directors for Number 1 Condominium Association – Palm Greens at Villa Del Ray, Inc.

(the “Number 1 Association”), a non-party to this lawsuit. Ms. Kurinsky was also the liaison

between the Number 1 Association and the Palm Greens Condominium Association (“PGCA”)

1
This agreement was reached among the parties before Plaintiffs filed an Amended Complaint, aggressively expanding
the scope of the alleged lawsuit and adding eight (8) new co-defendants. Nevertheless, Defendants have stood by their
agreement.

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until it was dissolved in January 2024. The primary purpose of her deposition concerned the

PGCA, with very few questions concerning the allegations found in Plaintiffs’ Amended

Complaint. See Kurinsky Dep. Tr. attached hereto as Exhibit “D.”

6. During Ms. Kurinsky’s deposition, it was evident she had no knowledge about the

allegations contained within Plaintiffs’ Amended Complaint. Id. When asked why she was

subpoenaed to provide testimony if she had no information about the lawsuit, Ms. Kurinsky said

she did not want to face retaliation before beginning to cry and stating that she could not finish

answering this question. Id.

7. Susan Herman was also deposed. Ms. Herman is a prior Board of Director on the

Number 2 Condominium Association – Palm Greens at Villa Del Ray, Inc. (the “Number 2

Association”) Board. During her testimony, it was evident that she also had no information

concerning the actual merits of this litigation. See Herman’s Dep. Tr. attached hereto as Exhibit

“E.”

8. Finally, Plaintiffs deposed Mark Sokol, a recent addition to the Number 1 Board of

Directors, having been appointed to the Number 1 Board in October 2023. The entirety of

Plaintiffs’ questioning of Dr. Sokol focused on the allegations in a lawsuit filed in Miami-Dade

County concerning related facts and circumstances: Palm Greens Recreation Condominium

Association, et al v. Klimas, et al, Case No. 2023-027942-CA-01. Plaintiffs’ counsel did not ask

Dr. Sokol a single question about any purported malfeasance by Defendants, possibly because Dr.

Sokol testified that he did not know who any of the Defendants are and had never met any of

them.2

2
Dr. Sokol was deposed on February 5, 2024. As such, Dr. Sokol’s deposition has not yet been transcribed.
Undersigned counsel can file Dr. Sokol’s deposition transcript under separate cover once received.

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9. Ultimately, Dr.. Sokol had no knowledge about any of the allegations contained in

Plaintiffs’ Amended Complaint against Defendants, and he testified he was likely subpoenaed

because Lisa DeFabritiss, who is on the Condo 2 Board, does not like him and this deposition was

retribution.

10. Oddly enough, the relationship between Plaintiffs’ counsel, Elad Botwin, and Mr.

Sokol became an issue nearly three (3) hours into the deposition. At one point during the

deposition, Mr. Botwin indicated he did not represent Dr. Sokol and was not Dr. Sokol’s attorney

while Dr. Sokol seemed to believe otherwise. However, later, after lunch, Mr. Botwin stated that

Dr. Sokol, as a Board of Director on the Number 1 Association Board, was included as a client in

the scope of Mr. Botwin’s representation of the Number 1 Association. Thus, Dr. Sokol’s

deposition was the result of Mr. Botwin subpoenaing his own client or his client’s own board

member. Despite this, Mr. Botwin still asked Dr. Sokol questions about the scope of the Miami

litigiation and conversations they had together, including Dr. Sokol’s confusion with the Number

1 Association’s litigiation strategy in the Miami lawsuit.

11. More egregious to the administration of justice in this case is the role Mitchell J.

Stein appears to be playing. Dr. Sokol testified that during a meeting with himself, Mr. Botwin,

and Mr. Stein, there were legal questions that Dr. Sokol asked Mr. Botwin and that Mr. Botwin

deferred to Mr. Stein. While on its face this may not be an issue, but Mr. Stein is a convicted felon3

that was previously licensed to practice law in California before being disbarred on April 23, 2022.4

Incredibly, Dr. Stein testified that he asked Mr. Stein if he was a licensed attorney, and Mr. Stein

responded that, “its complicated.” It was this answer by Mr. Stein that led Dr. Sokol to investigate

3
https://www.justice.gov/criminal/criminal-vns/case/united-states-v-mitchell-j-stein
4
https://apps.calbar.ca.gov/attorney/Licensee/Detail/121750

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Mr. Stein, resulting in him discovering that the truth is not complicated: Mr. Stein is not a licensed

attorney because he has been disbarred following a felony conviction.

12. Undersigned counsel appreciates that the scope of discovery can be fairly expansive

and broad. However, after four (4) depositions, Plaintiffs counsel has failed to ask any meaningful

questions about the merits of this litigiation. Rather, it appears as if Plaintiff Arthur Robins and

disbarred attorney Mitchell J. Stein are utilizing their lawyers to torment and terrorize Members

of the Palm Greens Community.

WHEREFORE, SANDRA KLIMAS, ROBERT THOM, ANTHONY DiGENNARO, and

ROBERT STERN, respectfully requests this Honorable Court schedule a Case Management

Conference for the purpose of developing a discovery procedure so that discovery may proceed

timely and appropriately, while also ensuring the due process rights of all parties are protected,

and for any other relief this Court deems just and proper.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY on this 6th day of February, 2024, a copy of the foregoing document

was filed via Florida Court’s E-Portal Filing service, which will transmit electronic copies to all

counsel of record.

Respectfully submitted,

/s/Kevin Yombor
Kevin P. Yombor, Esq.
Florida Bar No.: 111827
kyombor@kaufmandolowich.com
Labeed A. Choudhry, Esq.
Florida Bar No.: 97849
Labeed.choudhry@kaufmandolowich.com
KAUFMAN DOLOWICH
One Financial Plaza
100 S.E. 3rd Ave., Suite 1500
Fort Lauderdale, FL 33394
Tel: (954) 302-2360
Counsel for Defendants

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CERTIFICATE OF CONFERRAL
Prior to filing the January 25, 2024, Motion, undersigned counsel exchanged multiple e-

mail correspondence with El’ad Botwin concerning, among other matters, scheduling the

depositions of Klimas, Thom, DiGennaro, and Sterns. Specifically, the conversations concerned

whether these depositions should proceed in early-to-mid February or delay the depositions 2-3

weeks. Despite offering for a 2-3 week extension, when undersigned counsel sought to secure dates

for depositions for dates after February 22, 2024, Mr. Botwin objected and indicated he would

proceed as planned. The referenced case law was provided to Mr. Botwin in response to his demand

and was rejected. Previous efforts to meet and confer on issues with Mr. Botwin have proven

unsuccessful, as he has indicated that he does not generally have the final say on matters. As such,

given past experience with conferral conferences with Mr. Botwin, and his hardline stance, as set

forth in the previously attached e-mails, undersigned counsel believes a good faith conferral was

made without the parties being able to reach a resolution of the issues.

/s/Kevin Yombor
Kevin P. Yombor, Esq.

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EXHIBIT A
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

BETH SAFFER and ARTHUR ROBINS,
individually and on behalf of others similarly
situated,

Plaintiff, Case No.: 50-2023-CA-015733

SANDRA KLIMAS, an individual;
ROBERT THOM aka ROB THOM, an
individual; ANTHONY DiGENNARO, an
individual; and ROBERT STERN aka BOB
STERN, an individual,

Defendants.
/

AGREED ORDER CONCERNING JANUARY 3, 2024, HEARING
THIS CAUSE came before the Court on January 3, 2024, upon Defendants’ Motion to

Dismiss, Continued Hearing on Defendants’ Motion for Protective Order, and Defendants’ Ore

Tenus Emergency Motion regarding Recent Email Communication. This Court, having reviewed

the papers, noting the agreement of the Parties, and being otherwise apprised of the matters before

it:

ORDERS AND ADJUDGES as follows:

1. Defendants’ Motion to Dismiss is denied as moot. Plaintiffs have agreed to file an

Amended Complaint on or before January 12, 2024.

2. Defendants’ Motion for Protective Order is denied as moot based upon the Parties’

agreement to reschedule Robert Stern’s deposition to occur on January 22, 2024. The Parties have

agreed that discovery may proceed upon the issue of alleged malfeasance.
Safer, et al v. Klimas, et al., Case No.: 50-2023-CA-015733
Agreed order Concerning January 3, 2024, Hearing

3. Defendants’ Ore Tenus Emergency Motion regarding Recent Email

Communication is withdrawn based upon the Parties’ agreement to work to resolve the issues.

DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida

502023CA015733XXXAMB 01/04/2024
Carolyn Bell
Circuit Judge

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EXHIBIT B
3

1 [Thereupon, all parties hereunder

IN THE CIRCUIT COURT OF THE 2 appeared remotely pursuant to Florida
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA 3 Supreme Court Order AOSC20-23 and the

CIRCUIT CIVIL DIVISION: "AF" 4 following proceedings were had:]
CASE NO. 502023CA015733XXXAMB 5 THE COURT REPORTER: Marge, may I see
BETH SAFFER and ARTHUR 6 your I.D. before we get started, please?
ROBINS, individually and on
behalf of others similarly
situated, 7 [Whereupon, the witness presented a

Plaintiffs, 8 valid Florida Driver's License and identity

-vs- 9 was verified.]
SANDRA KLIMAS, an individual; 10 THE COURT REPORTER: Thank you.
ROBERT THOM aka ROB THOM, an
individual, ANTHONY 11 Raise your right hand, please.
DiGENNARO, an individual; and
ROBERT STERN aka BOB STERN,
an individual, 12 [Witness complies.]

Defendants. 13 THE COURT REPORTER: Do you solemnly
____________________________________/
14 swear or affirm that the testimony you

Zoom Videoconference, 15 shall give in this cause will be the truth,
Palm Beach, Florida,
Tuesday, 10:05 a.m., 16 the whole truth, and nothing but the truth
January 23, 2024.
17 so help you God?

D E P O S I T I O N 18 THE WITNESS: I do.

of 19 THE COURT REPORTER: Thank you.

MARJORIE FATTORI 20 MR. YOMBOR: All right. Do we want to
taken on behalf of the Plaintiffs
pursuant to a Subpoena Duces Tecum for Deposition 21 make appearances real quick?
[VIA ZOOM] 22 MR. BOTWIN: Yes. Yes, I think we
_ _ _
23 should do that.

24 My name is Elad Botwin.

25 I am appearing on behalf of plaintiffs
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2
1 APPEARANCES: 4

2 SANCHEZ-MEDINA, GONZALEZ, QUESADA, 1 for the law firm SMGQ law.
LAGE, GOMEZ & MACHADO, LLP, by
2 MR. YOMBOR: My name is Kevin Yombor.
3 ELAD D. BOTWIN, Esq.,
Attorneys for Plaintiffs. 3 I represent defendants Sandra Klimas,
4 201 Alhambra Circle, Suite 1201
Coral Gables, FL 33134 4 Robert Thom, Anthony DiGennaro and Bob
5 Telephone: 305.377.1000
Facsimile: 844.273.9076 5 Stern.
6 Email: Ebotwin@smgqlaw.com
6 I at least want to state on the record
7 KAUFMAN DOLOWICH, LLP, by
KEVIN P. YOMBOR, Esq., and 7 that I'm not going to object to every
8 LABEED A. CHOUDHRY, Esq.,
Attorneys for Defendants. 8 single question, but I do want to put a
9 100 Southeast 3rd Avenue, Suite 1500
Fort Lauderdale, FL 33394 9 standing objection on all questions here,
10 Telephone: 954.302.2360
Facsimile: 888.464.7982 10 as well, given the fact that this
11 Email: Kyombor@kdvlaw.com
11 deposition is going forward.
Secondary Email: Labeed.choudhry@kdvlaw.com
12 12 An amended complaint was filed on
ALSO PRESENT:
13 13 January 16.
SANDRA KLIMAS
14 ROBERT THOM 14 The additional defendants, none of
ANTHONY DiGENNARO
15 ROBERT STERN 15 those defendants are here. I don't even
- - -
16 16 know if any of them have even been made
INDEX OF EXAMINATION
17 17 aware of this deposition.
WITNESS DIRECT CROSS REDIRECT RECROSS
18 18 Florida Rule of Civil Procedure 1.310
MARJORIE FATTORI
19 [BY MR. BOTWIN] 6 --- 19 requires leave of Court if the plaintiff
[BY MR. YOMBOR] 29 ---
20 seeks to take a deposition within 30 days
20
INDEX OF EXHIBITS 21 after service of process and the initial
21
NUMBER DESCRIPTION PAGE 22 pleading on any defendant.
22
1 Subpoena Duces Tecum for Deposition 7 23 I don't believe that leave was ever--I
23 2 Resume of Marge Fattori 15
3 Verified First Amended Complaint 25 24 know for a fact that leave was never
24 4 Joint Resolution 35
25 sought.
25
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1 We also have Brown versus Tanner, 164 1 transcript is, of course, still important.
2 So.2d 848, First DCA case from 1964, as 2 So, please make sure to answer audibly instead
3 well as Bank of Montreal versus Estate of 3 of nods or "mm-hmm" or other sounds.
4 Antoine, A-n-t-o-i-n-e. That's 86 So.3d 4 Will that be okay with you?
5 1262, that's a Fourth DCA, which holds that 5 A. Yes.
6 if the defendant does not have the right to 6 Q. Okay. Sounds good.
7 cross-examine a witness that that 7 And it sounded like you had the idea already.
8 deposition testimony may not be used 8 Which does remind me: Have you ever had your
9 against them. 9 deposition taken before, Miss Fattori?
10 So if we are required to show back up 10 A. No.
11 at another deposition of Miss--Chef Marge 11 Q. Okay. Just as a quick procedural: Are you
12 because one of the other defendants were 12 under the influence of any medications or substances that
13 not properly noticed we will be seeking our 13 may impede your ability to give testimony today?
14 fees and costs from the plaintiff for not 14 A. No.
15 following the proper procedure. 15 [The Subpoena Duces Tecum referred to
16 So, notwithstanding that, I just 16 below was marked for identification as
17 wanted to put that on the record, but the 17 Exhibit No. 1.]
18 show is yours. 18 BY MR. BOTWIN:
19 MR. BOTWIN: Okay. Thank you. That 19 Q. Okay. Thank you.
20 is noted and I will proceed now. 20 Before I go into the substantive questioning
21 21 I'm going to quickly show you the subpoena that was
22 22 served on you and the document production requirements
23 [Intentionally left blank.] 23 that were attached to said subpoena.
24 24 And, as you probably know, this is what was
25 25 served on you.
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1 Thereupon: 1 And I will now attach as Exhibit 1 to this
2 MARJORIE FATTORI 2 transcript that subpoena.
3 was called as a witness and, having been duly sworn, was 3 And let me pull it up real quick.
4 examined and testified as follows: 4 This is the subpoena.
5 DIRECT EXAMINATION 5 Please confirm if you can see this on your
6 BY MR. BOTWIN: 6 screens?
7 Q. Good morning, Miss Fattori. 7 A. Yes.
8 And, just to start, could you please state and 8 Q. Okay. Great.
9 spell your name for the record? 9 Now, as of today our offices have not received
10 A. Yes. Marjorie Fattori. 10 any documents from you as were requested in the subpoena,
11 M-a-r-j-o-r-i-e, F-as in Frank-a-t-t-o-r-i. 11 and my first question is to say with that: First
12 Q. Okay. And you are here pursuant to a subpoena 12 question is: Do you have any documents with you today?
13 served on you. 13 A. No, I don't.
14 Do you understand that? 14 Q. Okay. Have you sent any documents to my office
15 A. Yes. 15 or in the process of doing so?
16 Q. And I'm going to ask a few quick procedural 16 A. No.
17 questions before we get into this. 17 Q. Okay. Thank you.
18 First, the oath that you were just given by the 18 I'm going to just scroll down through these
19 court reporter is the same kind of oath you will receive 19 requests real quick and then ask a few quick questions.
20 in a courtroom with the judge present. 20 I would like to first ask why you don't have
21 Do you understand what I'm saying with that? 21 any documents with you today?
22 A. Yes. 22 A. Because I routinely do not keep emails for
23 Q. Please note that the court reporter cannot 23 longer than 7 to 10 days; any emails that I receive.
24 transcribe nods of the head and although this is a--you 24 Q. So, what you are saying is that you delete
25 know, you can see on Zoom, this deposition, the 25 emails in every 7 to 10 days or emails that are---
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1 A. Yes. 1 that helps a lot.
2 Q. Okay. 2 And I do appreciate your reaction to preserve
3 So, in other words, if you had any emails that 3 anything that you received upon receipt of the subpoena.
4 were responsive to these requests they would be no older 4 Let me just check my notes and see if there's
5 than about ten days? 5 anything I want to ask further about the document
6 A. That would be correct. 6 production since I think you've pretty much covered what
7 Q. Okay. And how long has it been your personal 7 I wanted to learn about.
8 policy, I suppose, to delete emails every 7 to 10 days? 8 I just have a few quick questions regarding--I
9 A. Years. 9 guess these documents may no longer be in existence since
10 Q. Okay. But, in any case, you've certainly been 10 you say that you delete anything from before the date of
11 doing it before, say, November of last year? 11 the subpoena with the exception of the documents related
12 A. Yes. 12 to the purchase of your home in 2021, and I just want to
13 Q. And before 2022? 13 ask a few quick questions about documents that were
14 A. Before '21; before 2022. 14 called for via subpoena.
15 Q. Okay. Thank you. 15 And, first of all, I'd like to ask: Have you
16 I just wanted to make sure I'm extra clear and 16 ever emailed Rob Thom?
17 I'm not missing anything here. 17 A. Yes.
18 Okay. Now, let me check this. 18 Q. And has Mr. Thom ever emailed you?
19 I will now ask with respect to these requests 19 A. Yes.
20 that are on your screen: Did you search for documents 20 Q. Have you ever emailed Sandra Klimas?
21 regarding or relating to each of these requests? 21 A. No.
22 A. Yes, I did. I searched all the boxes--the 22 Q. Has Miss Klimas ever emailed you?
23 in-box, the--all mail; the trash, the spam, everything in 23 A. No.
24 the emails and there's nothing in there. 24 Q. Have you ever emailed Mr. Kevin Yombor, the
25 There's nothing in there prior to--the only 25 attorney sitting here today?
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1 thing that's in there, and I'll tell you exactly what it 1 A. No.
2 is, 'cause from 2021 and it's documents pertaining to the 2 Q. Has Mr. Yombor ever emailed you?
3 purchase of this home that I was buying when I was moving 3 A. No.
4 down here to Florida. 4 Q. Have you ever emailed Mr. Anthony Di — sorry.
5 Q. Okay. And that, I guess, would be considered 5 Pardon me if I mispronounce — Anthony DiGennaro?
6 personal in nature? 6 A. No.
7 A. Yes, it would. 7 Q. Has Mr. DiGennaro ever emailed you?
8 Q. Okay. And your purchase did not--did it 8 A. No.
9 involve the Boards, either of Condo--- 9 Q. Have you ever emailed Susan Herman?
10 A. No, it didn't. 10 A. No.
11 Q. Okay. I just want to make sure. Thank you. 11 Q. Has Miss Herman ever emailed you?
12 And you're saying that is the only document 12 A. No.
13 that you found that may possibly bear on the requests 13 Q. Have you ever emailed Thomas Aldrich?
14 that were included in the subpoena? 14 A. No.
15 A. No. That's not what I'm saying. 15 Q. Has Mr. Aldrich ever emailed you?
16 What I'm saying is that they're the only 16 A. No.
17 documents that were in the emails that were dated prior 17 Q. And I know the answer to this already, but just
18 to the date of the subpoena. 18 to confirm, you have not produced any of the emails
19 Once I got the subpoena I stopped deleting any 19 between the folks that you did say that you've emailed
20 emails, including bills, thank you for your payments, all 20 with which I believe is just Mr. Thom?
21 those kinds of things and--but prior to January 5th I was 21 A. Correct.
22 cleaning out my emails on a regular basis, as I stated 22 Q. And those emails you say you delete them, I
23 before. 23 guess, for--you're not a business, but it is in the
24 Q. Okay. Thank you. 24 spirit of the regular course of business well before the
25 And I do appreciate that clarification since 25 subpoena was served on you. Is that correct?
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1 MR. YOMBOR: Objection to the form. 1 ask: Are the answers you just gave me with respect to
2 A. That's correct. 2 Request Number 9, would they be the same for the others?
3 BY MR. BOTWIN: 3 A. Yes, they would.
4 Q. Okay. I'll stop sharing this screen since I 4 MR. YOMBOR: Objection to the form.
5 think we've covered everything I would like to know with 5 [The Resume referred to below was
6 regard to your responses to the document requests. 6 marked for identification as Exhibit No.
7 And I'm going to check my notes and then I 7 2.]
8 think we'll be going into that resume real quick. 8 BY MR. BOTWIN:
9 I'm going to go back to this Exhibit 1 real 9 Q. Okay. I will stop sharing the screen.
10 quick with the document request, namely the document 10 And bear with me for a moment while I pull up
11 Request 9 to 12. 11 that resume.
12 They all call for a similar thing and I just 12 I'm attaching this as Exhibit 2 to the
13 want to--I'll read Number 9 which says, "Any and all 13 transcript.
14 documents appertaining or relating to any evidence you 14 This is a resume that you submitted in
15 have in your possession, custody or control demonstrating 15 connection with the board.
16 in any way, shape or form that Rob Thom has not stolen or 16 A. Yes.
17 assisted in diverting money while he has been a member of 17 Q. And the first question I would like to ask is:
18 the Board of Number 2 Condominium Association — Palm 18 Have you ever seen this document before, Miss Fattori?
19 Greens at Villa del Ray, Incorporated, a Florida 19 A. I wrote this document.
20 not-for-profit corporation. 20 Q. Well, that answers my second question.
21 Now, with respect to this request I want to 21 But, just to be clear, who prepared this
22 ask: Did you search for documents relevant to that 22 document?
23 request? 23 A. I did.
24 MR. YOMBOR: Objection to that request 24 MR. YOMBOR: Eli, can I make a quick
25 and objection to the form of the question. 25 inquiry, just could I make a quick notice
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1 But, go ahead. You can answer. 1 for the record?
2 BY MR. BOTWIN: 2 The highlation, is that part of the
3 Q. To clarify, I'm asking: Did you search for any 3 original document, or is that post?
4 documents that would be responsive to that request? 4 MR. BOTWIN: No. I don't think so.
5 A. I searched for documents, as I stated before. 5 BY MR. BOTWIN:
6 That request, I would have no knowledge of any 6 Q. Actually, Miss Fattori, is the highlighting
7 of that, or documents pertaining to any of that. 7 original or not?
8 Q. Okay. So-- 8 A. It's original to my resume for running for
9 A. In any way, shape or form. 9 board through this year.
10 Q. Got it. So your testimony is that you don't 10 Q. Okay. So you're saying that you did apply this
11 have any documents relating to that request? 11 highlighting yourself?
12 MR. YOMBOR: Objection. 12 A. Yes, I did.
13 A. Correct. 13 Q. Okay. Thank you.
14 BY MR. BOTWIN: 14 MR. BOTWIN: Thank you, Kevin. That
15 Q. And that you would not--and you're also saying 15 clears things up.
16 that you have no knowledge of the matters relating to 16 BY MR. BOTWIN:
17 that request? 17 Q. Did you have any help in preparing this resume,
18 A. Correct. 18 Miss Fattori?
19 MR. YOMBOR: Objection to the form of 19 A. I had some conversations with other people,
20 the last question. 20 yes.
21 BY MR. BOTWIN: 21 Q. Would you be able to tell me who those people
22 Q. All right. And for the Request 10, 11 and 12 22 were?
23 that call for the same thing, but regarding different 23 A. I had conversations with Rob Thom concerning my
24 defendants. 24 running for the board.
25 So, just for sake of the record, I'm going to 25 Q. Did you speak to anybody else with respect to
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17 19
1 preparing this resume? 1 hear what he said.
2 A. No. 2 MR. YOMBOR: For me or for Eli?
3 Q. Would I be correct to say that Mr. Thom 3 THE WITNESS: For you, Kevin.
4 assisted you in preparing this resume? 4 MR. YOMBOR: Oh. Oh, I just objected
5 A. If you mean assisted by writing it, no, that 5 to the form of the question, but you can
6 would not be correct. 6 still answer the question.
7 Q. Okay. Did he assist you in terms of 7 A. I would suspect other members of the Rec Board
8 information that you've put on this resume? 8 whose names I don't know.
9 A. Yes. 9 BY MR. BOTWIN:
10 Q. Okay. Thank you. 10 Q. Okay. Thank you. That would answer my
11 Would you be able to specify which parts of the 11 immediate question of who do you think...
12 resume that he provided you information in connection to? 12 All right. Thank you.
13 A. He told me about the Rec Board using consent 13 Do you believe that Rob Thom could have been
14 documents to push things through without all of the board 14 one of them?
15 knowing about it. 15 A. He was not on, on the Rec Board.
16 Q. Okay. 16 Q. Okay. Thank you.
17 A. In so many--in so many words. 17 And, again, the one person that you can name in
18 Q. I understand. 18 your belief that Rec Board documents have been altered
19 So would I be correct that the highlighted 19 without a public vote is Art Robins. Is that correct?
20 section here that reads, "Rec Board Association documents 20 A. That's correct.
21 have been altered without a public vote, consent forms 21 Q. And I think I asked--actually, it's kind of
22 are used to push through topics and agendas, again 22 related to my previous questions, but would you be able
23 without a public vote." That was a statement made with 23 to describe exactly what documents were altered without a
24 information from Mr. Thom? 24 public vote?
25 A. That was a decision I made to put that 25 A. No.
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18 20
1 statement in there with information I was given. 1 Q. Can you give me any idea of what documents you
2 Q. Okay. Thank you. 2 think were altered without a public vote?
3 I would like to ask: Did you produce any 3 MR. YOMBOR: Objection to the form of
4 documents that--or, I'm sorry. 4 the question.
5 Did you produce any copies of the documents 5 A. Not at this time.
6 that you say were altered without a public vote? 6 BY MR. BOTWIN:
7 MR. YOMBOR: Objection. 7 Q. And with respect to the altering of documents,
8 A. No. 8 Rec Board documents without a public vote, is this an
9 BY MR. BOTWIN: 9 allegation that you believe in good faith?
10 Q. Do you know of the existence of those 10 Or, let me rephrase.
11 documents? 11 Do you have a good faith belief that Rec Board
12 A. No, I don't. 12 documents have been altered without a public vote?
13 Q. Are you aware of any particular documents that 13 MR. YOMBOR: Objection to the form of
14 you say were altered without a public vote? 14 the question.
15 A. No. 15 BY MR. BOTWIN:
16 Q. Now, with respect to that, to your knowledge, 16 Q. If you understand you may answer.
17 do you know who was involved in altering these Rec Board 17 A. Repeat the question.
18 documents without a public vote? 18 Q. Do you believe in good faith that Rec Board
19 A. The president of the Rec Board, Mr. Robins. 19 docume

Case Info

Judge

Carolyn R. Bell Track Judge’s New Case

Case No.

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Document Filed Date

February 06, 2024

Case Filing Date

November 14, 2023

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Parties

ANTHONY DIGENNARO Defendant
ANTHONY E TORRENTE Attorney for the Defendant
ARTHUR ROBBINS Plaintiff
BARBARA FERNANDEZ Attorney for the Defendant
BECKER BALLOT Defendant
BECKER BALLOT, AKA BECKERBALLTON.COM, AN ENTITY FORM UNKNOWN Defendant
BECKERBALLOT.COM Defendant
BECKER & POLIAKOFF, P.A., A FLORIDA PROFESSIONAL CORPORATION Defendant
BETH SAFFER Plaintiff
BRIAN J MORAN Attorney for the Defendant
CHARLES COHN Defendant
EDUARDO J CRUZ Attorney for the Defendant
EL'AD D BOTWIN Attorney for the Plaintiff
GUSTAVO D LAGE Attorney for the Plaintiff
HARRY A PAYTON Attorney for the Plaintiff
JANICE SMITH Defendant
J. CHRIS BRISTOW Attorney for the Defendant
KEVIN PATRICK YOMBOR Attorney for the Defendant
LABEED CHOUDHRY Attorney for the Defendant
LISA DEFABRITIIS Plaintiff
NUMBER 2 CONDOMINIUM ASSOCIATION - PALM GREENS AT VILLA DEL RAY, INC., A FLORIDA NOT FOR PROFIT CORPORATION Defendant
ROBERT KLIMAS Defendant
ROBERT STERN Defendant
ROBERT THOM Defendant
ROCHELLE COHEN Defendant
SANDRA KIIMAS Defendant
SUSAN HERMAN Defendant
THOMAS ALDRIDGE Defendant
Mark Friedman Attorney

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Motion-Secondary: SAFFER, BETH V KIIMAS, SANDRA

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